HomeMy WebLinkAbout13-Development Services
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From:
Valerie C. Ross, Director
Subject:
Resolution approving a Cooperative
Agreement No. C08202 with SAN BAG to
provide Project Management Services for a
Grade Separation at Palm A venue over the
BNSF Railroad (CIP Project No. SS04-53).
Dept:
Development Services
Date:
September 22, 2008
MCC Date: October 6, 2008
Synopsis of Previous Couucil Actiou:
09/02/08
Adopted Resolution No. 2008-351 approving Project Baseline Agreement No. C09021 with
SANBAG and Resolution No. 2008-352 approving Funding Agreement with the San
Bernardino County Transportation Authority for a Grade Separation at Palm A venue over
the BNSF Railroad (CIP Project No. SS04-53).
Recommended Motion:
Adopt Resolution.
~ C.RJ1d/
Valerie C. Ross
Contact Person: Robert Eisenbeisz City Engineer
Phone:
5201
Supporting data attached: Staff Report; Vicinity Map & Resolution,
Exhibit "A" (Agreement) Ward: 5 & 6
FUNDING REQUIREMENTS:
Amount: $)07 )) 1 (FY OR/oQ)
$1.012.392 IS-vr cost)
Source: (Accl. Nos)
264-183-5504-7325
Acct. Description: Regional Traffic Circulation Fee Fund
Council Notes:
Finance:
~SD 2-oc;,f'~37,f
Agenda Item No.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving a Cooperative Agreement No. C08202 with SANBAG to provide Project
Management Services for a Grade Separation at Palm Avenue over the BNSF Railroad (CIP
Project No. SS04-53).
Background:
On April 10, 2008 the California Transportation Commission (CTe) earmarked $9,390,000 in
Trade Corridor Improvement Funds (TCIF) for the Palm Avenue Grade Separation over the BNSF
Railroad. SAN BAG is currently working on the project and the estimated total cost is
$35,176,000, which is the total cost of the grade separation project. This grade separation project
will accommodate future widening of Palm Avenue and Cajon Boulevard from 2 lanes to 4 lanes
in the vicinity ofthe project.
On September 2, 2008, the following two Agreements were approved by the Mayor and Common
Council:
1. Project Baseline Agreement No C0902 I with various agencies including the erc, Caltrans and
SANBAG. This Agreement commits the City to comply with the rules governing TCIF
funding.
2. Funding Agreement with the San Bernardino County Transportation Authority. This
Agreement commits the City to fund 14.6% of the total project cost. This commitment is
necessary for SANBAG to obtain the TCIF funding.
In order to start the project it will be necessary for the City to submit environmental documents
and plans to Caltrans for approval. The submittals include Project Approval and Environmental
Documents (PA&ED) and Plans Specifications & Estimate (PS&E). These submittals are
complex, time consuming and require expert attention to properly manage. The length of time
estimated for this stage of the project is 5 years. Due to the shortage of Public Works staff, we are
recommending that SANBAG be authorized to process the PA&ED and the PS&E documents
through Caltrans on behalf of the City.
SANBAG has submitted the attached Cooperative Agreement authorizing SANBAG to process the
PA&ED and PS&E documents on behalf of the City and SANBAG. We recommend approval of
the Agreement.
Financial Impact:
In order to provide this service, it will be necessary for SAN BAG to retain a specialized consultant
and subconsultants to prepare the document and supporting studies. The total cost of preparing and
processing the PA&ED and the PS&E is estimated to be $4,245,100 of which $1,012,392 will be
the responsibility ofthe City. This cost will be spread over a 5-year period with the first year cost
estimated at $207,221. The balance of the cost, in the amount of $3,232,708 will be the
responsibility of SANBAG.
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09/18/2008 II :30 AM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (CONTINUED)
Sutlicient funds have been budgeted in CIP Project No.SS04-53 to cover the cost of this
Agreement.
Recommendation:
Adopt Resolutions.
Attachments:
"1"- Vicinity Map
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09/0912008 II :55 AM
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RESOLUTION NO.
C(Q)[PY
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
2 COOPERATIVE AGREEMENT NO. C08202 WITH SAN BAG TO PROVIDE PROJECT
MANAGEMENT ' SERVICES FOR A GRADE SEPARATION AT PALM AVENUE
3 OVER THE BNSF RAILROAD (CIP PROJECT NO. SS04-53).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. The City Manager is hereby authorized and directed to execute on behalf of
the City, a Cooperative Agreement No. C08202 with SANBAG to Provide Project Management
Services for a Grade Separation at Palm Avenue Over the BNSF Railroad (CIP Project No.
SS04-53), attached herein as Exhibit "A".
SECTION 2. The authorization to execute the above referenced Agreement is rescinded
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ifit is not executed within sixty (60) days of the passage of this resolution.
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RESOLUTION ... APPROVING A COOPERATIVE AGREEMENT NO. C08202
1 WITH SAN BAG TO PROVIDE PROJECT MANAGEMENT SERVICES FOR A GRADE
2 SEPARATION AT PALM AVENUE OVER THE BNSF RAILROAD (CIP PROJECT
NO. SS04-53).
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof. held
on the
day of
.2008. by the following vote. to wit:
7 Council Members:
AYES
NAYS
ABSTAIN ABSENT
8 ESTRADA
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10
BAXTER
BRINKER
11 DERRY
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KELLEY
14 JOHNSON
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MC CAMMACK
Rachel Clark., City Clerk
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The foregoing resolution is hereby approved this
day of . 2008.
Patrick J. Morris. Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN.
City Attorney
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Exhibit "A"
Coopentive Agreement No. C08202
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COOPERATIVE AGREEMENT NO. C08202
BETWEEN
SAN BERNARDINO ASSOCIATED GOVERNMENTS
AND
TIlE CITY OF SAN BERNARDINO
FOR THE
PREPARATION OF PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENTS
(PA&ED) AND PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
OF THE PALM A VElBNSF GRADE SEP ARA nON
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This Agreement is made and entered into on the day of
2008, by and between San Bernardino Associated Governments, hereinafter referred to as
"AUTHORITY" and the City of San Bernardino, hereinafter referred to as "CITr, and
sometimes collectively hereinafter referred to as "PARTIES". This agreement defines the roles
and responsibilities of AUTHORITY and CITY for the preparation of Project Approval and
Environmental Documents, hereinafter referred to as "PMED", and for the Plans,
Specifications, and Estimate, hereinafter referred to as "PS&E", of the Palm AvenueJBurlington
Northern Santa Fe (BNSF) Grade Separation project between Cajon Boulevard and Industrial
Parkway in the City of San Bernardino, hereinafter referred to as the "PROJECT".
WITNESSETII
WHEREAS, the PROJECT proposes to separate roadway and railroad grades to provide
uninterrupted flow of traffic and rail, which will improve freight movements through the Los
Angeles and Inland Empire corridor, improve corridor crossing safety, and impwve air quality;
and,
WHEREAS, the PROJECT also may include improvements to existing streets, sewers, storm
drains, water mains, traffic signals, and related work necessitated by the grade separation; and,
WHEREAS, CITY has requested AUTHORITY to render project management services and to
provide engineering support to carry the PROJECT through P A&ED and PS&E phases; and,
WHEREAS, AUTHORITY and CITY desire to cooperate in the PROJECT.
NOW, TIlEREFORE, AUTHORITY and CITY agree to the following:
SECTION I General
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a) The scope of this cooperative Agreement siiictly applies to the work necessary for
PA&ED and PS&E of the PROJECT, including Right of Way Engineering, to separate
the roadway and railroad grades. Any work beyond what is necessary for PA&ED and
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Cooperative Agreement No. C08202
PS&E of the PROJECT shall be part of an independent, separate project agreement
between the Parties and the tenns and conditions of this cooperative Agreement shall not
apply.
b) The PROJECT is a grade separation project and is not a capacity increasing project
requiring improvements beyond what is necessary for the grade separation.
c) The CITY is the PROJECT owner, operator and maintainer of the existing and proposed
improvements and this Agreement docs not transfer ownership to AUTIIORITY nor does
it transfer any legal responsibilities associated with ownership, operation and
maintenance of the existing and future improvements.
d) All work performed by AUTIIORITY or performed on AUTIIORITY's behalf, shall be
performed in accordance with all State and Fedcra1laws, regulations, policies, .
procedures, and standards that apply to the CITY.
e) AUTIIORITY shall make all PROJECT work performed by AUTHORITY available for
review and comment by the CITY and AUTIIORITY and CITY shall review all
comments received by the PROJECT and mutually agree to which comments shall be
incorporated into the PROJECT.
f) Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by AUTIIORITY
under or in connection with any work, authority or jurisdiction conferred upon
AUTIIORITY and arising under this Agreement. It is understood and agreed that
AUTIIORITY shall fully defend, indemnify and save harmless CITY and all its officers
and employees from all claims, suits or actions of every name, kind and description
brought forth under this Agreement or occurring by reason of anything d9ne or omitted to
be done by AUTIlORITY under this Agreement.
g) Neither AUTHORITY nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority or jurisdiction conferred upon CITY and
arising under this Agreement. It is understood and agreed that CITY shall fully defend,
indemnify and save harmless AUTIlORITY and all its officers and employees from all
claims, suits or actions of every name, kind and description brought forth under this
Agreement or occurring by reason of anything done or omitted to be done by CITY under
this Agreement.
h) In the event AUTIIORITY and the City arc found to be comparatively at fault for any
claim, action, loss or damage which results from their respective obligations under this
Agreement, the AUTIlORITY and/or the CITY shall indemnify the other to the extent of
its comparative fault. . ,
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i) This Agreement shall terminate upon completion of PROJECT PA&ED and PS&E
obligations of AUTHORITY and the delivery of required PROJECT documents to the
CITY, or on December 31, 2013, whichever is earlier in time, Should any claims arising
out of PROJECT be asserted against one of the PARTIES, the PARTIES agree to extend
the fixed termination date of this Agreement, until such time as the claims are settled,
dismissed or paid,
j) Termination
i) Termination for Cause
(I) Any Party to this Agreement may declare a breach hereof by serving written
notice describing the nature of the breach to the other Party. The Party alleged to
have breached the Agreement shall be afforded thirty (30) days from service of
the notice of breach to take whatever steps necessary to cure the breach. lfthe
breach is not cUred within the time parameters set forth herein, this Agreement
may be terminated as to that Party deemed to be in breach of this Agreement.
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H) Termination for Convenience
(I) In the event either Party terminates the agreement for convenience, the Party
terminating the agreement for convenience shall furnish a thirty (30) day written
notice to the other Party.
Hi) Force Majeure
(1) If, due to act of God, fire, flood, storm, inclement weather, earthquake, drought,
acute restrictions or riot, war or insurrection, plant or animal infestation or
disease, sudden or severe energy shortage, strike, work stoppage, work slowdown
or other concerted job action, terrorist action or other condition of emergency or
disaster beyond the control of either Party which makes perfo~ce of any of its
obligations under this Agreement impossible or extremely impracticable, such
obligations shall be suspended during such time any such condition or conditions
exist.
iv) Termination Costs
(I) lfCITYterminates this Agreement, CITY shall pay to AUTHORITY all costs
incurred by AUTHORITY, including AUTHORITY's share paid to date, and
costs to be incurred as a result of terminating the agreement. If AUTHORITY
terminates this Agreement, AUTHORIty shall pay to CITY all costs incurred by
CITY, including costs to be incurred as a.result of terminating the agreement
SEcrION II Financial RuponslbllItles
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a) The total cost for Project Management/Administration, PA&ED and PS&E, including
Right of Way Engineering, is estimated at'four million two hundrCd forty-five thousand
one hundred dollars ($4,245,100). These cost components are subject to different cost
share percentages. The CITY is 100010 financially responsible for the Project
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Management/Administration costs estimated to be four hundred fifty-nine thousand seven
hundred twenty-eight dollars ($459,728). The PA&EDIPS&E costs are subject to a
development mitigation fair share percentage as determined by Measure I 2010-2040 and
require 14.6% to be funded by developer contributions. The City's share of
PA&EDIPS&E costs, including Right of Way Engineering, is estimated to be five
hundred fifty-two thousand six hundred sixty-four dollars ($552,664). The remaining
85.4%, which is estimated to be three million two hundred thirty-two thousand seven
hundred eight dollars ($3,232,708), is AUTIIORITY's share and shall be funded by
public funds such as Measure I or other public funds available to AUTIIORITY, as
detailed in Table 1 - Project Cost Estimate and Cost Share Breakdown Between the
CITY and AUTHORITY.
b) CITY agrees to reimburse AUTIIORITY for its share of cost estimated at one million
twelve thousand three hundred ninety-two dollars ($1,012,392) as detailed in Table 1-
Project Cost Estimate and Cost Share Breakdown Between the CITY and
AUTHORITY and Table 2 - Project ManagementlAdminutration Detail Cost
Estimate. . .
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c) AUTIIORITY agrees its share of cost for this PROJECT is estimated at three million two
hundred thirty-two thousand seven hundred eight dollars ($3,232,708) as detailed in
Table 1 - Project Cost Estimate and Cost Share Breakdown Between the CITY and
AUTHORITY.
d) CITY agrees AUTIIORITY is providing Project Management/Administration services
and agrees to reimburse AUTIIORITY for actual costs incurred for Project
Management/Administration services rendered by AUTHORITY which may be lower or
higher than $459,728. These costs consist of AUTHORITY staff and project
management consultant salaries, overhead, a fee, and other direct c05ls,JIS estimated in
Table I. Table 1 identifies AUTIIORITY staff by position and hourly rate for the
pwposes of establishing a budget; however, it does not preclude AUTHORITY from
being reimbursed for AUTHORITY staff and project management consultant salaries not
listed in Table I.
e) CITY agrees ifit cannot meet the requirement of funding 14.6% of the PA&EDIPS&E
costs with developer contributions, AUTIIORITY may consider this a breach and
AUTIIORITY reserves the right to terminate this Agreement pursuant to the Termination
for Cause provisions in Section l. ,.
f) CITY and AUTHORITY agree the cost estimate (refer to Table 1) is an "estimate" and is
subject to change, and as a result, PARTIES agree that the stipulated cost is an "estimate"
to be used for budgetary and planning purposes and it is understood that there is a
potential for cost increases or decreases. Both PARTIES agree to share the increases or
decreases in costs per the fixed, fair share percentages identified in this Section of the
Agreement.
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The monetary obligation identified in this agreement and agreed to by AUTHORITY and
the CITY is a not to exceed obligation and neither AUTHORITY nor the CITY may
exceed this obligation unless both PARTIES obtain the necessary budget amendment
authorization from their respective governing bodies.
SECTION III Project Management/Administration
a) AUTHORITY shall render project management services and provide engineering support
services utilizing AUTHORITY's available staff which will be supplemented with
consultants that are specifically procured for the PROJECT.
b) AUTHORITY will procure the necessary professional services to establish a project team
as identified in Table 3 - Project Team Or&anlzatlon & Roles and ResponsibUitles
Overview and to supplement the team as warranted by the PROJECT.
c) CITY shall designate a Project Manager to represent CITY, and AUTHORITY shall
designate a Project Manager to represent AUTHORITY through whom all
communications between the two agencies shall be channeled.
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d) AUTHORITY shall procure all necessary professional services for PA&ED and PS&E
for the PROJECT. .
e) AUTHORITY agrees to permit CITY to monitor and participate in the procurement of
professional services required for the PROJECT.
l) AUTHORITY, prior to commencing work on PROJECT, shall provide the CITY with a
proposed project schedule to complete the PROJECT.
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g) AUTHORITY shall coordinate and conduct project development team meetings on a
monthly basis to provide the CITY with a PROJECT update that includes schedule
updates, PROJECT cost updates, scope updates, status of action items, and status of
issues/concerns.
h) CITY agrees its Project Manager shall be responsible for preparing CITY staff reports for
city council consideration and AUTHORITY agrees to provide supporting documentation
for the staff reports.
i) AUTHORITY shall provide submittals to the CITY at appropriate stages of PROJECT
development for review and comment.
j) CITY's Project Manager shall be responsible for distributing PROJECT submittals for
review and comment to the CITY departments that are responsible for streets, sewers,
water, drainage, traffic, land development,' and planning. .
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k) CITY's Project Manager shall transmit all review comments to AUTHORITY within 20
working days after the submittal is received by the CITY. If comments are not provided
by the 20th working day, AUTHORITY will deem the submittals approved by CITY and
shall notify the CITY of its intention to move forward with PROJECT execution. The
CITY agrees the submittals may be in the form of plans, specifications, estimates,
reports, studies, environmental documents or other PROJECT related submittals
requiring CITY review and comment.
1) AUTHORITY shall invoice the CITY on a monthly basis for reimbursement on
PROJECT expenditures and costs.
m) CITY agrees to pay AUTHORITY's invoice within 30 days of receipt of invoice.
SECfION IVPA&ED and PS&E
a) AUTHORITY shall be the lead project manager for all phases of the PROJECT,
including PA&ED and PS&E. The PARTIES agree that the PA&ED phase is complete
when the CITY approves the Project Report and Environmental Document. Upon City
approval of the Project Report and Environmental Document, the PS&E phase shall
commence.
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b) AUTHORITY agrees to have the PA&ED and PS&E documents and drawings of civil,
structural, mechanical, electrical, architectural, or other engineering features of
PROJECT prepared by or under the direction of engineers or architects registered and
licensed in the applicable professional field in the State of California. Any engineering
reports, and each sheet of plans and specifications for PROJECT shall bear the
professional seal, certificate number, registration classification, expiration date
certificate, and signature of the professional engineer responsible for the.i; preparation.
c) The PS&E phase of the PROJECT shall be performed in accordance with CITY
standards and practices. The construction bid package will be based on the following
standards but not be limited to:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
Standard Specifications for Public Works Construction (Greenbook)
Standard Plans for Public Works Construction
City Standard Specifications
City Standard Plans
Caltrans Bridge Standard Plans and Specifications
AASHTO Geometric Design of Highways and Streets and other AASHTO
Standards
BNSFIUP RailRoad Standard Plans and Specifications
Other applicable standard plans and specifications
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d) AUTHORITY shall prepare an alternatives feasibility study, also referred to as a Project
Report (PR), and to submit it to the CITY for CITY's review and concurrence at
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appropriate stages of development. The final PR for the PROJECT shall be signed on
behalf of AUTHORITY by a Civil Engineer registered in the State of California. The
CITY shall approve the final PR.
e) The CITY is the California Environmental Quality Act (CEQA) Lead Agency for the
PROJECT. Under CEQA, the Lead Agency is the decision-making body and shall make
a CEQA Determination on the PROJECT and file the necessary environmental document
with the county clerk.
i) AUTHORITY agrees it will provide CEQA support as follows:
(I) Complete a ''Notice of Exemption" for the CITY, ifapplicable.
(2) Prepare an Initial Study, if required.
(3) If a Negative Declaration document is applicable:
(a) Complete a ''Notice of Availability of Negative Declaration" for the CITY.
(b) Prepare a [mal Negative Declaration, including responses to comments from
the public
(4) If an Environmental Impact Report is applicable:
(a) Complete a "Notice of Preparation" for the CITY.
(b) Prepare a draft EIR
(c) Complete a "Notice of Completion" for the CITY
(d) Prepares a final EIR, including responses to comments on the draft EIR
(5) Prepare exhibits, handouts, or other material necessary for a Public Hearing
ii) CITY, as the CEQA Lead Agency, agrees it will prepare the necessary staff reports
and obtain city council decisions or take action on the following:
(I) Approve and File a Notice of Exemption with the county clerk, ifapplicable.
(2) Prepare an EIR or a Negative Declaration, if required.
(3) If a Negative Declaration (NO) is required: ,,-
(a) Notify the Public of the availability of a Negative Declaration.
(b) Conduct a Public Hearing for the Negative Declaration.
(c) Consider and Approve a Negative Declaration.
(d) File the Notice of Determination with the county clerk.
(4) If an Environmental Impact Report (EIR) is required:
(a) Mail the ''Notice of Preparation" to notify responsible agencies that an EIR is
being prepared for the PROJECT.
(b) File a ''Notice of Completion" and give public notice of availability of a draft
EIR. '.'
(c) Conduct a Public Hearing for the draft EIR.
(d) Consider and Approve a final EIR
(e) File Notice of Detcrmination with the county clerk.
f) CITY agrees the [mal plans and specifications shall be approved by the CITY. The City
Engineer shall be the PROJECT Designated Engineer as defined by Local Assistance of
the State ofCalifomja Department of Transportation.
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g) CITY agrees to exempt AUTHORITY from plan check fees for submittal reviews.
h) CITY agrees to provide at no cost to AUTHORITY existing improvement plans, and
standard plans and specifications..
i) AUTHORITY and its consultants shall apply for encroachment permits authorizing entry
of AUTHORITY and its consultants onto CITY right of way to perform investigative
activities, including surveying and geotechnical borings, required by the PROJECT.
j) CITY agrees it will issue zero fee encroachment, traffic control, and street cut permits or
other permits required by the CITY to perform investigative activities required by the
PROJECT.
k) AUTHORITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits,
agreements and/or approvals from appropriate agencies. AU mitigation, monitoring,
and/or remedial action required by said permits and/or agreements shall constitute part of
the PROJECT cost. .
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I) CITY agrees to be the lead agency for addressing legal challenges to the environmental
document with support from AUTHORITY and its consultants who prepared the
environmental document.
m) In the event that AUTHORITY, in the process of environmental or design investigative
studies, discovers hazardous material sites on existing and proposed CITY right of way
and the Federal, State, or local agency having jurisdiction over those hazardous material
sites orders the remediation of that contaminated site and any plume leading to or from
that site, AUTHORITY shall immediately notify the CITY. AUTHORITY shall evaluate
with the CITY the impact on costs of PROJECT for required remedy or ,remedial action
of all hazardous material found in existing and proposed CITY right of Way required for
construction of PROJECT. This evaluation shall constitute part of the PROJECT cost.
n) AUTHORITY agrees to provide Right of Way Engineering services for the PROJECT.
including Title research and investigation, defining right of way requirements, and
preparing legal descriptions and plat maps. RJW Appraisals & Acquisition, eminent
domain, and relocation assistance shall be part of a separate. independent agreement and
the terms and conditions oflhis Agreement do ~~ apply.
0) AUTHORITY agrees to identify the utilities wilhin the PROJECT area and coordinate
with the utility companies to determine their location, and if necessary their relocation.
p) CITY agrees to provide AUTHORITY copies of the franchise/utility agreements for the
utilities in the PROJECT area for the purposes of determining prior rights and estimating
utility relocation costs. . . .
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q) CITY agrees it will invoke its franchise/utility agreements and have its prior rights
imposed on utilities if it is determined utilities are in conflict with the PROJECT and
require relocation. The CITY will fonnally inform the utilities of the CITY's prior rights
and request the relocation of utilities pursuant to the franchise/utility agreements.
SECTION V Miscellaneous
a) Notices - Any notices, requests, or demands made between the Parties pursuant to this
Agreement shall be addressed to the other Party at the address set forth below. Either
Party may change its address by notifying the other Party of the change of address.
i) City of San Bernardino
300 North "D" Strecl
San Bernardino, CA 92418
Attention: Valerie C. Ross, Director of Development Services
ii) San Bernardino Associated Governments
1170 West 3n1 Street, 2n4 Floor
San Bernardino, CA 92410
Attention: Garry Cohoe, Director of Freeway Construction
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b) Severability - If any term, provision, covenant, or condition of this Agreement is held to
be invalid, void, or otherwise unenforceable, to any extent, by any court of competent
jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term,
provision, covenant or condition of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
c) Assignment- Neither this Agreement, nor any of the Parties rights, obligations, duties, or
authority hereunder may be assigned in whole or in part by either Party Without the prior
written consent of the other Party in its sole, and absolute, discretion. Any such attempt
of assignment shall be deemed void and of no force and effect.
d) Governing Law - The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement.
e) Waiver - No waiver of any default shall constitute a waiver of any other default whether
of the same or other covenant or condition. No Waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights
by custotn, estoppel, or otherwise.
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f) Attorneys Fees -If any legal action is instituted to enforce or declare any Party's rights
hereunder, each Party, including the prevailing Party, must bear its own costs and
attorneys' fees. This paragraph shall not apply to those costs and attorneys fees directly
arising from any third party legal action against a Party hereto and payable under the
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indemnification provisions of this Agreement.
g) This Agreement contains the entire Agreement and understanding between the PARTIES
with respect to the subject PROJECT and supersedes any and all prior or
contemporaneous negotiations, correspondence, or agreements between the PARTIES.
10 the event of any conflict between the Agreement and an Exhibit(s), Table(s), Figure(s)
attached to the Agreement and incorporated by reference, the Exhibit(s), Table(s),
Figure(s) shall control solely as to the subject matter of said Exhibit(s), Table(s), and
Figure(s). No addition to, amendment or modification of any provision of this
Agreement shall be effective unless in writing and signed by both PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement to be entered
into as of the date set forth above.
"CITY"
City of San Bernardino
a California Municipal Corporation
"AUTIlORITY"
San Bernardino Associated
Governments!
County Transportation Authority
By:
Gary C. Ovitt, President
SANBAG Board of Directors
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By:
Lori Sassoon
Acting City Manager
Attest:
Rachel Clark
City Clerk
Attest:
Vicki Watson
Board Secretary
",.
Approved As To Form:
Approved As To Form And Procedure:
'By:
Jean-Rene Basle
AUTIlORITY's Counsel
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